and even at the time the 14th amendment was a dodd after the civil war, almost no criminal defendant could-- . >> rose: he accepts the idea there are constitutional rights that were not in play at the time the document was written. >> well, it depends what day you ask him. because sometimes it accepts it and sometimes he says thing like that now here is what i would say. the constitution itself tells us that there are more rights, never less. so i agree with him. i don't want the supreme court to just bend this and fold it up into a piece of origami and do whatever it wants with it but the text itself says there are uninnumerated rights, more rights than listed but never less. then the question is how do we find those additional rights under the 9th amendment which he doesn't like some of, but also under the 14th amendment which speaks very spaciously of the privileges and immunities of citizens of the united states. well, what are those. and one final thing t may not be a living document but it has been amended over and over again. and the amendments that happened lated which are ad